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R. ARUN KUMAR v. STATE
Factual and Procedural Background
The petitioner filed a writ petition seeking to quash FIR No.29 of 2011 registered on 29.08.2011 by the Central Crime Branch, Tiruppur, and claimed compensation of Rs.1 crore for allegedly false criminal proceedings initiated against him. The criminal case proceeded to trial as C.C.No.654 of 2017 before the Judicial Magistrate No.III, Tiruppur, where the petitioner was acquitted by judgment dated 30.11.2018. The petitioner contended that the case was maliciously instituted and sought relief under Article 226 of the Constitution of India.
Legal Issues Presented
- Whether the petitioner is entitled to quash the FIR and receive compensation for malicious prosecution through a writ petition under Article 226 of the Constitution of India.
Arguments of the Parties
Petitioner's Arguments
- The petitioner was acquitted in the criminal trial, indicating the proceedings were baseless and false.
- The initiation of the criminal case amounted to malicious prosecution.
- Consequently, the petitioner is entitled to compensation of Rs.1 crore for the wrongful proceedings.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court observed that although the petitioner was acquitted, the remedy for malicious prosecution does not lie under Article 226 of the Constitution. The court indicated that the petitioner must pursue alternative legal avenues for redressal of alleged malicious prosecution. Therefore, the writ petition for quashing the FIR and claiming compensation was not maintainable in this forum.
Holding and Implications
The writ petition is disposed of with liberty granted to the petitioner to initiate appropriate proceedings elsewhere if advised.
This decision directly affects the petitioner by denying relief under Article 226 but does not preclude pursuing other remedies. No new legal precedent was established by this ruling.
(The case has been heard through video conference) The writ petition has been filed for quashing the FIR No.29 of 2011, dated 29.08.2011, on the file of the Central Crime Branch, Tiruppur and to pay compensation of Rs.1 crore to the petitioner for initiating false criminal proceedings against the petitioner.
2. Mr.G.Thangavel, learned counsel appearing for the petitioner would submit that admittedly now in the above said criminal case, final http://www.judis.nic.in report has been filed, thereafter criminal trial was conducted in C.C.No.654 of 2017 on the file of the learned Judicial Magistrate No.III, Tiruppur and by judgment dated 30.11.2018, the petitioner was acquitted by the trial Court. The learned counsel would further contend that clearly a false case has been initiated against the petitioner and it is a malicious prosecution and therefore he is entitled for compensation.
3. If the petitioner considers it as a malicious prosecution, the remedy to the petitioner lies elsewhere and not under Article 226 of the Constitution of India. Hence, this writ petition is disposed of with liberty given to the petitioner to initiate appropriate proceedings, if he is so adviced. Consequently the connected miscellaneous petition is closed. No costs. 10.11.2021
1. The Secretary to Government Home Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. Sub-Inspector of Police, Cyber Crime Cell, Central Crime Branch, Egmore, Chennai - 600008.
3. The Inspector of Police, CCB, Tiruppur. http://www.judis.nic.in
V.BHARATHIDASAN, J. and W.M.P.No.2575 of 2020 10.11.2021 http://www.judis.nic.in
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